The release of a video game is a major achievement for a developer. But once the game is in players’ hands, new bugs and errors often surface that were not discovered during development. This period can be stressful, which is why clear contractual agreements on bug fixing and technical support are crucial.
What is the bug fixing clause and service level agreement?
The clause on bug fixing and technical support in a video game publishing agreement defines who is responsible for addressing bugs and technical issues, how quickly these must be resolved (based on their severity) and who covers the associated costs.
Some video game publishing agreements address this in a service level agreement (SLA).
Why the bug fixing & technical support clause matters
A buggy game damages player experience, reviews, and sales. Both publisher and developer benefit from minimizing bugs. However, not all bugs are equally urgent. A good clause accounts for severity levels and sets realistic expectations for response times.
Example of the bug fixing & technical support clause in a video game publishing agreement
Below is an example of a bug fixing & technical support clause in a video game publishing agreement which we have seen in practice, so that you can recognize a similar clause in your own draft:
“A “Bug” means a reproducible error or unintended event during the Game’s operation under normal conditions, including (a) lack of intended functionality or failure to function properly, (b) a material failure to conform to the GDD, (c) a detriment to Game’s visuals or sounds, (d) typographical or grammatical errors, (e) any deviations from accepted industry standards for normal operation of video games, such as cases where the Game abnormally ceases functioning, produces incorrect or misleading information, or incorrectly interprets information or inputs, or (f) any violation of Platform Owner or Platform requirements.”
“Maintenance and Bug-Fixing. After the Game’s launch, if Publisher or an end-user discovers and reports a Bug, Publisher may, at its option, notify Developer of this Bug and Developer will use its best efforts to provide (a) a software patch that corrects the identified Bug, and (b) a detailed description of the patch to Publisher. Publisher will then use reasonable efforts to make this patch available to all end-users. Developer’s Bug-Fixing and other support responsibilities will last for the following periods of time after any Game version’s initial publication (according to definitions listed on Exhibit C).
Failure. If Developer fails to provide an adequate software patch for a Bug within the response times listed on Exhibit C, Publisher will have the right (a) to perform, or have performed by another, the necessary software patch development, game modifications, or other updates, and (b) to recoup the reasonable cost of these modifications when calculating Net Revenue.”
How to review and negotiate bug fixing & support clauses
Limit obligations to reproducible, properly reported bugs
For bugs to be solvable, it is important that a bug should be reproducible and that the bugs are properly reported to the developer. It is important that a bug report contains all relevant information, including the device type and OS version and which step-by-step actions lead to the bug. It is important that the timelines to solve bugs only start when the developer has received all relevant information to actually start solving it.
Use clear severity levels with reasonable response times
It is important that severity levels and associated response times are well defined. A good SLA sets transparent criteria for severity levels (e.g. game-breaking vs. minor visual issues) and links each level to a realistic response time. This avoids disputes over whether a bug counts as “critical” and ensures expectations are aligned.
An example of a service level agreement in a video game publishing agreement:
| Severity Level | Severity Level Definition and Examples | Response Time |
| Fatal (“A” Bug) | Definition: Critical dysfunction which does not allow the Game to function at all, significantly impacts the end user experience, or causes critical security issues. Non-Exhaustive List of Examples: – Inability to launch the GameClient or server software crashes due to an error in the Game. – Inability to collect any money from users/make user purchases, where caused by the Game – Complete or material loss or leakage of User Data or Personal Data, where caused by the Game – Critical security failure caused by the Game – Non-progressions – Corruption of save data or loss of user progress – Significant graphics or performance issues – Significant connectivity or other online issues – Server crash and Game does not load/perform due to errors in server software | Within 1 business day |
| Serious (“B” Bug) | Definition: An error that significantly degrades the overall usability of the Game even though it remains up and running Non-Exhaustive List of Examples: – More rare crashes or freezes in the Game on the client or server side – Severe degradation of client or server performance greatly affecting user gameplay – Errors materially influencing the balance and integrity of the Game – Graphics issues | Within 5 business days |
| Ordinary (“C” Bug) | Definition: Non-Fatal or Non-Serious errors that do not materially degrade overall usability or functionality of the Game or user experience. Non-Exhaustive List of Examples: – Gameplay logic errors within the Game, which have a relatively small influence – Smaller graphics or performance issues – Smaller connectivity or online issues | When possible, but no longer than 30 business days |
Define fair consequences if deadlines are not met
It is important to assess the legal consequences if a bug is not fixed in the agreed timeframe. Some video game publishing agreements include a provision that the publisher can fix the bug and can recoup the costs involved. In other agreements, not meeting the obligations regarding bug fixing has a temporary effect on the revenue share which the developer will receive until the moment the bug is fixed. Make sure that the consequences are actually acceptable to the development studio.
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Before you sign: summary and next steps
Bug fixing and technical support clauses matter most once the game is in players’ hands. A fair clause ensures only reproducible bugs must be addressed, defines severity levels and timelines clearly, and sets out balanced consequences if deadlines are missed. This gives both developer and publisher certainty while protecting the game’s quality and reputation.
Need a quick check? If you’d like a fresh set of eyes on your bug fixing and SLA terms, send them over. We will flag whether severity levels, timelines, and consequences are fair and suggest adjustments that keep post-launch support realistic, amongst other things that are relevant for your deal.